Pemberton a no-show at probe into Laude slay; victim's kin fear US Marine already out of PH

From InterAksyon (Oct 21): Pemberton a no-show at probe into Laude slay; victim's kin fear US Marine already out of PH

The U.S. Marine accused of killing Filipino Jeffrey “Jennifer” Laude was a no-show during the preliminary investigation into the murder complaint against him Friday afternoon before the Olongapo City Prosecutor’s Office. Laude's family fears that Pemberton had already left the country.

Rowena Garcia-Flores, the lawyer of Private First Class Joseph Scott Permberton, said her client was not obliged to appear before the prosecutor’s office for the investigation.

Also, Pemberton’s lawyer said the U.S. Marine had 10 days to submit a counter affidavit after the latter’s receipt of the October 17 subpoena to appear in the investigation.

“The October 17 notice did not require the personal appearance of Pemberton. The subpoena only gave Pemberton 10 days within which to file [or not] a counter affidavit,” Flores said.

During the inquiry, senior state prosecutor Emilie Fe delos Santos directed Flores to make Pemberton appear during the next investigation scheduled on October 27. The prosecutor said that Pemberton's absence meant that he had laready waived his right to reply to or refute the statements against him by the prosecution.

[Video report]

But Virgie Suarez, counsel for the Laude family told media after the inquiry that Pemberton's lawyer did not say whether her client would be able to appear in the next inquiry. Suarez said Pemberton's camp also did not say if they would be able to submit a counter-affidavit.

"Ang susunod na hearing ay October 27. Pero sa October 27 hindi rin nakapagbigay ng konkretong salita na si Pemberton ay darating at di nakasisiguro kung magsa-submit ng counter affidavit [The next hearing will be on October 27. But there was no concrete statement that Pemberton would show up on October 27 and submit a counter-affidavit]," said Suarez.

"Nagpapakita na napakataas, napakarogante ng mga Amerikanong sundalo dito….Nagpapakita ng sense of impunity as if they are above the law [American soldiers here are displaying their superiority and arrogance. They are showing sense of impunity as if they are above the law]," the lawyer added.

A representative from the U.S. Embassy showed up during the investigation on behalf of Pemberton. Laude’s sister Marilou, the victim’s German fiancé Marc Sueselback, and lawyer Harry Roque also attended the inquiry.

Prosecutor Delos Santos clarified during the inquiry that private lawyers for the prosecution including Harry Roque wouls only be involved in the civil aspect of the complaint, while public prosecutors would be in-charge of the criminal aspect. "It's only the civil aspect of the case that can be covered by Atty Roque. Ang trabaho po namin intindihin n'yo ay criminal aspect."

Delos Santos,  said that she didn't want to run into disagreement with the private prosecutors just like what happened during the trial of the 2005 Subic rape case involving US Marine Daniel Smith. Delos Santos was the prosecutor who handled the rape case of "Nicole" against Smith.

"Ayoko pong sa bandang huli tayo magkabangga, dahil hindi ho talaga uubra...ang private prosecutor. We have lessons learned in the Smith case, we don't want to commit the same mistakes," she said.

During the inquiry, the prosecutor asked for the forensic results on the swab and seman samples from the crime scene. Laude was found dead on the night of October 11 inside Room 1 of Celzone  Lodge in Olongapo after checking in at the motel allegedly with Pemberton.

Delos Reyes also ordered an ocular inspection of Ambyanz Discop Bar, also in Olongapo, where Laude and Pemberton reportedly met before they went out and checked in at Celzone.

Pemberton already out of PH? 

After the investigation, Laude’s camp denounced Pemberto’s absence.
The victim’s mother, Julita, criticized the U.S. allegedly hiding a  “good for nothing” person, who should not be emulated.

“Hanggang ngayon, hindi nagpapakita. Saan kami hihingi ng tulong para ilabas ‘yan? Nagtatago sila ng walang kwentang tao…na hindi dapat pamarisan….Kung mabuti s’yang tao bakit ‘yong anak ko na mabuting tao pinatay n’ya?” Julita told media after the inquiry.

[He has not showed up until now. Where should we get help for him to show up? They are hiding a good for nothing person who should not be emulated…If he was a good person why did he kill my child who was a good person?]

Julita said her camp would not give up in finding ways to seek justice for Laude. “Gagawa kami ng paraan…Magtatapos kami sa dulo hangga’t makamit ng anak ko [ang hustisya].”

Laude’s sister Marilou said it was possible that Pemberton could have already left the country.

“Posibleng pinaalis na nila ‘yan. So ano ang mangyayari sa amin? Sino ang huhulihin?....Pinatay n’ya ang kapatid ko na parang wala lang…parang nawalang bula…Maski ang attorney n’ya di masabi. Dapat ang attorney n’ya tumutulong po para mapalabas si Pemberton, para makamit ng kapatid ko ang hustisya,” said Marilou.

[It’s possible that they already let him leave. So what will happen to us? Who is going to be arrested? He killed my sibling just like that and then he disappeared like a buble. Even his attorney can’t say where he is. His attorney should help in making Pemberton surface so that my sibling could achieve justice.]

But the Philippine Department of Foreign Affairs said that Pemberton is still being held at the amphibian assault ship USS Peleliu, which is docked at the Subic Bay Freeport in Zambales.

[Video report]

http://www.interaksyon.com/article/97679/pemberton-a-no-show-at-probe-into-laude-slay-victims-kin-fear-us-marine-already-out-of-ph